ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, April 3, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-07

Submitted by: _____________________________
Rod Swope
City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Proclamation – Pat Murphy
B. Employee Recognition

IV. APPROVAL OF MINUTES

A. March 13, 2006 – Regular Meeting 2006-05

V. MANAGER’S REQUEST FOR AGENDA CHANGES

VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS.
(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

VII. CONSENT AGENDA

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

a. Ordinance 2006-09
An Ordinance Authorizing The Port Director To Negotiate And Execute A Tidelands Lease Within Lot 9B, Block 83, Alaska Tidelands Survey No. 3, For Construction Of A Private Seawalk Or Retail Commercial Building.

This ordinance would authorize the Port Director to negotiate and execute a lease with the Tripp Corporation for approximately 145 square feet of CBJ tidelands within Alaska Tidelands Survey No. 3, as shown on Exhibit “A” to the ordinance. The Tripp Corporation is the owner of Lot 11, immediately adjacent to the leased property. The Tripp Corporation intends to construct a private seawalk on the leased property that will connect to CBJ’s public seawalk. The lessee is required to grant the CBJ any required easements within the leased property for construction of CBJ’s seawalk.

The Docks and Harbors Board reviewed the proposed lease on January 26, 2006, and recommended approval by the Assembly. The Board set the annual lease rent at the rate the Assembly recently approved for the Miner’s Hall lease.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

b. Ordinance 2006-10
An Ordinance Amending The Disorderly Conduct Code.

This ordinance, requested by the Police Department, would amend the penalty for one subsection of the disorderly conduct code. Reducing the offense to an infraction would reduce the time and expense associated with prosecuting it.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

c. Ordinance 2005-11(AE)
     2005-11(AE) Economic Impact Note

An Ordinance Transferring To The Manager The Sum Of $28,000 As Funding For The Norway Point Boat Moorage Float Capital Improvement Project, Funding Provided By Harbor Fund Balance.

This ordinance would appropriate $28,000 for the Norway Point Boat Moorage Float capital improvement project, funding provided by Harbor Fund Balance. The funds are from the lease of harbor equipment. With this appropriation, the project can be closed.

d. Ordinance 2005-11(AG)
2005-11(AG) Economic Impact Note

2006-03-20 Memo to PWFC

An Ordinance Transferring To The Manager The Sum Of $135,500 As Partial Funding For The North Douglas Crossing, Funding Provided By Sales Tax.

This ordinance would appropriate $135,500 from unallocated Sales Tax to a new project titled North Douglas Crossing. These monies are requested to initiate a public process to identify a community-preferred crossing alternative.

The Public Works and Facilities Committee recommended approval of this ordinance at its March 20, 2006, meeting.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.


e. Ordinance 2005-11(AH)

2005-11(AH) Budget Action Request
An Ordinance Appropriating To The Manager The Sum Of $171,750 As Partial Funding For The Nancy Street Pond/Wetlands Enhancement, Funding Provided By United States Fish And Wildlife Service And United States Department Of Agriculture.

This ordinance would appropriate $171,750 for the remaining construction costs of Phase I and design and construction of Phase II of the Nancy Street Pond/Wetlands Enhancement, funding provided by U.S. Fish and Wildlife Service (USFWS) and United States Department of Agriculture, Natural Resources Conservation Service (NRCS).

The Nancy Street Pond Enhancement restores the pond property to a wetland though a joint project funding agreement with CBJ, NRCS, and USFWS. The USFWS and NRCS grants will be used for construction of Phase I (rough grading) of the project and for design and construction of Phase II (final grading and landscaping). NRCS requires a 25% match and USFWS requires a 50% match. The match requirement will be met using the land purchase ($136,481) of the Nancy Street Pond property from Dick Winchell, which was purchased as a waste disposal site for the construction of the New High School/Mendenhall Valley project.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

f. Ordinance 2005-11(AI)

2005-11(AI) Economic Impact Note

An Ordinance Transferring To The Manager The Sum Of $24,000 For The Purchase And Modification Of A Police Emergency Response Vehicle, Funding Provided By The Roaded Service Area Fund Balance, Asset Forfeiture Reserve.

This ordinance would appropriate $24,000 from the Asset Forfeiture Reserve to the Fleet Reserve for the acquisition and modification of a new 1-Ton 2-wheel drive extended cargo van to be used as an emergency response vehicle. The van will need to be modified to allow for bench seating around the passenger area, construction of under-seat storage for equipment, installation of two-way radios, siren, and low profile interior emergency lighting.

The revenue source for this expenditure is from asset forfeiture and seizure monies the police department has received as a result of major drug investigations. Under state and federal asset seizure statutes, monies resulting from the seizure and disposal of personal assets of individuals in drug trafficking can be equally divided among the various agencies involved in the investigation. The monies seized must be expended in the area of law enforcement/drug enforcement efforts.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.


g. Ordinance 2005-11(AK)

2005-11(AK) Economic Impact Note

An Ordinance Appropriating To The Manager The Sum Of $320,000 As Partial Funding For The Construction Of A Heliport As Part Of The Bartlett Regional Hospital Project 2005 Capital Improvement Project, Funding Provided By The National Forest Receipts.

This ordinance would appropriate $320,000 as partial funding for the Bartlett Regional Hospital’s heliport project. The funds will come from restricted federal revenues received under the Secure Rural Schools and Community Self-Determination Act of 2000. We anticipate receiving a total of $858,000 in restricted revenues over the period FY02 through FY07. To date the City has received a total of $714,429 in revenues.

One of the allowed uses is to provide support for search and rescue and other emergency services performed on Federal lands. The helipad will be used to air medevac injured patients to the hospital. The majority of air medevac patients have historically come from the Tongass National Forest and other Federal lands. The Law Department has indicated that they believe this use meets the requirements of this program. This use was presented to, and approved by, the Assembly Finance Committee in November, 2002.

At that time, under the requirements of the program, CBJ provided the required public notice and allowed for a 45-day public comment period. No objections were received to using the funds for the BRH heliport project.

As of February, 2006, total construction costs for the helipad are estimated at $1,302,065. The source of additional funds needed has been identified within the existing construction budget.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

h. Ordinance 2005-11(AL)

2005-11(AL) Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $170,000 As Funding For A Junked Vehicle Event, Funding Provided By The Waste Management Fund Balance.

This appropriation would provide full funding for one junked motor vehicle and travel trailer event, which will accommodate an anticipated 450 to 500 motor vehicles and travel trailers. This event allows Juneau residents to bring their motor vehicles and travel trailers to the collection site and drop them off at no cost to the resident.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

i. Ordinance 2005-11(AM)

2005-11(AM) Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Funding For The Purchase Of Equipment Identified In The Buffer Zone Protection Plan For The Juneau Cruise Ship Dock, Funding Provided By The Department Of Military And Veterans Affairs.

This ordinance would appropriate a $50,000 grant from the Department of Military and Veteran’s Affairs to purchase port security equipment, such as radios, explosives detectors, and a security camera for the Juneau Cruise Ship Dock. These purchases have been identified within the Buffer Zone Protection Plan and Vulnerability Reduction Purchasing Plan, which were prepared for the Juneau Cruise Ship Dock Critical Infrastructure/Key Resources site.

No matching funds are required.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

j. Ordinance 2005-11(AN)

2005-11(AN) Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $16,700 As Funding For The Acquisition Of A Total Station Electronic Measuring Device, Funding Provided By The Alaska Department Of Transportation And Public Facilities.

This ordinance would appropriate a $16,700 grant from the State of Alaska Department of Transportation and Public Facilities to the Juneau Police Department for the acquisition of a “Total Station” electronic measuring device. This device is used in the investigation of serious motor vehicle accidents. Utilizing this equipment will allow an officer to produce a detailed scene diagram with accurate representation of roadway curves, grades, banks and scene evidence. This grant also includes training in the use of this equipment for officers.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

k. Ordinance 2005-11(AO)

2005-11(AO) Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $96,900 As Partial Funding For Capital Transit’s Fiscal Year 2006 Operating Budget, Funding Provided By User Fees.

Capital Transit is anticipating a $109,000 shortfall in the current fiscal year operating budget due to increased fuel costs. Fuel costs are expected to exceed the current budget for Capital Transit by $90,000. Care-A-Van operations are expected to exceed the current budget for fuel by $19,000. Approximately $12,100 of this shortfall will come from savings elsewhere in the budget. A supplemental appropriation of $96,900 is needed for fiscal year 2006.

I recommend that this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

2. Resolutions

a. Resolution 2349
A Resolution Expressing Assembly Support For Expanding The United States Department Of Housing And Urban Development's Definition Of Homelessness.

This resolution would express Assembly support for expanding the definition of homelessness used by the United States Department of Housing and HUD to include people who are temporarily residing with friends or family or in motels, frequently moving between locations.

Other Federal definitions of homelessness do include this population.

The resolution was generated by the United States Conference of Mayors and the Juneau Homeless Coalition.

I recommend that this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2006-06
An Ordinance Creating A Division Of Personnel Within The Administration Department.

This ordinance would return the CBJ Personnel Department to a division level within the Administration Department. Its functions would otherwise remain unchanged. Historically, Personnel was a division, like Libraries, MIS, and Risk Management, and this ordinance returns it to that level. The department only has five employees, including the Director, and closely interacts with all other CBJ departments and enterprise operations. Also, given the importance of this function and its direct relationship with the Managers Office, moving it back under the Administration Department makes sense. The CBJ Charter requires that such actions be taken by ordinance.

I recommend that this ordinance be adopted.

B. Ordinance 2006-07
An Ordinance Amending The Table Of Permissible Uses To Add Public Works Facilities And Adding A Definition For Public Works Facility To The Land Use Code.

This ordinance would amend the Table of Permissible Uses, CBJ 49.25.300, to add a new land use category, Public Works Facility, and would add a definition of the term Public Works Facility to CBJ 49.80.120.
The new land use category Public Works Facility would require a Conditional Use permit in the RR, D-1, D-3, D-5, LC, and GC zoning districts. Public Works Facilities in the Industrial district would require an Allowable Use permit for major developments, and would be permitted for minor developments.

The proposed definition is:

Public works facility means a facility operated by one or more government agencies and used to maintain public works and public facilities. This is an "umbrella" land use designation that includes land uses typical to public facilities maintenance, including but not limited to outdoor or indoor storage of materials and equipment and administrative offices.
This use may include the collection of hazardous waste in any zoning district where Public Works Facilities can be permitted, or the storage of hazardous waste in the Industrial zoning district when authorized by a major development permit. This umbrella land use does not include any category 4.100-4.220, 11.000, 14.000, or 17.000 uses, or any other category 15.000 uses for which a land use permit is required.

The Planning Commission recommended approval at its January 24, 2006, meeting and the Lands Committee recommended approval at its March 20, 2006, meeting.

I recommend that this ordinance be adopted.

C. Ordinance 2006-08
An Ordinance Relating To Terms Of Office Of Planning Commission Members.

This ordinance would change the expiration date for membership on the Planning Commission, from November 1 to December 31. The purpose of this change is twofold:

The full Assembly, sitting as the Human Resources Committee (HRC), interviews applicants for the Planning Commission, and for the Bartlett Regional Hospital Board at the same time. The term for a Hospital Board member begins January 1 and the term for a Planning Commissioner begins November 2, or as soon as a new member is appointed. In the past few years, the HRC meetings have been held between the expiration dates of the two bodies. This has more of an effect on the Planning Commission than it does on the Hospital Board as it causes the Planning Commission seat to remain vacant after the November 1 date or, if they are willing, for outgoing Planning Commissioners to continue to serve until an appointment is made.

In addition, the Planning Commission members are required to complete Alaska Public Offices Commission Public Official Financial Disclosure Forms within 30 days of their appointment and submit an annual report at the beginning of each year. By changing the expiration date to December 31, the Planning Commission members would only have to submit one form for the previous calendar year instead of two forms within a two- to four-month period.

I recommend that this ordinance be adopted.


D. Ordinance 2005-11(AD)
2005-11(AD) Economic Impact Note

An Ordinance Appropriating To The Manager The Sum Of $3,900 As Funding For The Purchase Of Artworks For The Juneau-Douglas City Museum, Funding Provided By Museums Alaska, Incorporated.

This ordinance would appropriate a $3,900 grant from Museums Alaska, Inc. Art Acquisition Initiative Program, to purchase artworks for the Juneau-Douglas City Museum’s permanent collection.

I recommend that this ordinance be adopted.

E. Ordinance 2005-11(AF)
2005-11(AF) Economic Impact Note

An Ordinance Transferring To The Manager The Sum Of $500,000 As Funding For The Replacement Of The City And Borough Of Juneau’s Core Financial System, Funding Provided By The General Fund.

This ordinance would transfer the $500,000 approved in the FY06 general operating budget for the acquisition of a new financial system, to a capital improvement project (CIP) budget. The development of a system will extend well beyond the FY06 operating year and possibly beyond the FY07 year. Placing the funding in a CIP budget will maintain the funding for the full term of the project and allow for better cost accountability and control.

I recommend that this ordinance be adopted.

F. Ordinance 2005-12(B)(b)
2005-12(B)(b) Economic Impact Note

2006-02-07 School District Memo

An Ordinance Appropriating To The School District The Sum Of $285,900 As Partial Funding For District’s General Operations And De-appropriating $9,900 For District Food Service, Funding Provided By The School District General Fund And User Fees.

This ordinance would make the following FY06 School District budget changes:


General Operations, includes local support change noted below* $285,900
Pupil Transportation, includes local support change noted below* $15,100
Food Service, reduction ($25,000)
Total Budget Changes $276,000

Funding for the changes is provided from the following –


Fund Balance Usage $392,600
Vocation Fund Usage - House Building Project $123,200
State Foundation Funding Reduction ($267,700)
User Fees, Medicaid $27,900
Source for Changes $276,000

*The ordinance also transfers $61,600 in local funding support from the District’s general operations to the Pupil Transportation program.
These adjustments were requested by the School District Board during the February 15, 2006, Special Assembly meeting. The reduction in State Foundation funding and local funding support for District general operations is due to student enrollment falling short of projections. The Manager is recommending the reduction in local support for general operations be redirected to other School District operating needs. The District has indicated that if the Assembly wishes to transfer the funds, rather than just de-appropriating them, that the funds be placed in the Pupil Transportation Program. In the packet is additional information from David Means, the School District’s Director of Administrative Services.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2006-05(c)
An Ordinance Amending Competitive Bid Procedures for Certain Public Improvement Projects.

2006-03-30 City Attorney Memo

In October, 2005, Juneau voters approved an amendment to Section 9.11 of the CBJ Charter as follows:

(b) Contracts for public improvements and, whenever practicable, other purchases of supplies, materials, equipment, and services, shall be by competitive bid and awarded to the lowest qualified bidder. This subsection (b) shall not apply to purchases of:

(6) Public improvements which, upon a written finding by the Manager that it would be in the best interests of the City and Borough based on cost, timing, and other relevant criteria, may be procured by supplemental agreements amending existing capital improvement contracts. The maximum dollar amount, the criteria utilized, and the methodology shall be set by ordinance. (Italics show the language from the Charter amendment.)

This ordinance prescribes the maximum dollar amount, the criteria utilized, and the methodology for supplemental agreements. This ordinance would allow the City Manager to approve supplemental agreements per contract for up to $250,000 or 25% of original contract amount, whichever is less, if sufficient funds have been appropriated. This ordinance does not limit the dollar amount of supplemental agreements that the CBJ Assembly may approve. The City Manager may approve supplemental agreements upon a written public interest finding that the CBJ would save substantial and verifiable monies with a supplemental agreement. The City Manager may identify approval of lesser amounts to subordinate staff through written policy.

The ordinance requires the City Manager to notify the CBJ Assembly, at its next regularly scheduled meeting, of any supplemental agreement approved. This provision will keep the CBJ Assembly informed of all supplemental agreements. Another check and balance on the use of supplemental agreements, particularly larger ones, is that extra monies are typically, appropriated by either a transfer or an appropriating ordinance subject to approval by the Assembly.

This ordinance will allow the CBJ flexibility and cost/schedule savings in constructing public improvement contracts. However, the use of supplemental agreements will be the exception, not the rule, and only when “substantial and verifiable” cost savings are demonstrated in a written public interest finding. Competitive bidding has been the CBJ's rule for procuring construction services, and will remain so.

There is a memorandum from the City Attorney recommending two small amendments which are incorporated in version (c) as presented in your packet. The amendments would make clear that Assembly approval must be prior to expenditure of funds, and that this ordinance in no way limits or changes the Assembly’s power of appropriation.

I recommend version (c) of this ordinance be adopted.

X. NEW BUSINESS

A. Liquor Licenses

1. Beverage Dispensary Licenses
Rendezvous Inc. d/b/a Rendezvous
Location: 184 S. Franklin Street

2. Beverage Dispensary – Tourism
Goldbelt Enterprises Inc. d/b/a Goldbelt Juneau Hotel
Location: 51 W. Egan Drive

3. Restaurant/Eating Place
Valley Restaurant LLC d/b/a The Valley Restaurant
Location: 9320 Glacier Hwy.

Dragon Inn d/b/a Dragon Inn
Location: 5000 Glacier Hwy.

4. Liquor License Transfer-Beverage Dispensary License

Transfer From: SeaDawgs, Inc. d/b/a Doc Waters to BCM, Inc. d/b/a Doc Waters then transfer back from BCM, Inc. d/b/a Doc Waters to SeaDawgs, Inc. d/b/a Doc Waters – this is a securities transfer only.
Location: 2 Marine Way #125

The Police, Fire, Finance and Community Development Departments have reviewed these renewals and transfer and will forward their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on April 3, 2006. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly to protest or waive the right to protest the renewals and transfer of the above licenses.

In the event of a protest recommendation, the code provides for the following informal appeal process before the Assembly:

CBJ Code 20.25.025(c):
If the assembly or committee or a subcommittee thereof recommends protest of the issuance, renewal, transfer, relocation, or continued operation of a license it shall state the basis of the protest and the applicant shall be afforded notice and an opportunity to be heard at an abbreviated informal hearing before the assembly to defend the application. For the purposes of this subsection, notice shall be sufficient if sent at least ten days prior to the hearing by certified first class mail to the address last provided by the applicant to the municipal sales tax examiner. At the conclusion of the hearing, the assembly decision to protest the application shall stand unless the majority of the assembly votes to withdraw the protest.

I recommend the Assembly adopt the Human Resources Committee's recommendations for Assembly action on the above licenses.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

A. City Manager Evaluation

XVI. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries and online at www.juneau.org.

ADA Accommodations Available Upon Request: Please contact the Clerk’s office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s office telephone number is 586-5278, TDD 586-5351, e-mail: city_clerk@ci.juneau.ak.us.

Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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